Thursday, July 06, 2006

'Impossible' pot rules challenged

Daryl Slade
Calgary Herald

The government provides a legal method for a person to grow and possess marijuana for personal medical reasons, but makes it "almost impossible" to do so, a lawyer argued on Wednesday.

John Hooker, counsel for longtime Calgary pot crusader Grant Krieger, told provincial court Judge William Pepler that it is similar to the issue in the Morgentaler case, in which the government permits women to legally have abortions but then puts hurdles in place.

"Very few doctors will sign certificates for persons to be allowed to possess and use marijuana," said Hooker. "So it is unfair to convict people in such a case as this."

Krieger, 52, is bidding to have the judge stay two counts of trafficking in marijuana. They stem from packages destined for ill users in Manitoba but intercepted by courier companies on Dec. 23, 2003, and Jan. 8, 2004.

He has never applied for an exemption under the Marijuana Medical Access Regulations to grow and possess marijuana for his own use, but was given a one-year exemption following a court case in 2000. It was later made indefinite by the Alberta Court of Appeal.

Krieger freely admitted he is supplying more than 400 people in at least three provinces, all of whom cannot get doctor-backed exemptions and have no legal source of the drug.

Crown prosecutor Scott Couper says having physicians participate in the application process is appropriate, given that marijuana is largely an unproven drug in medical use and is controlled.

Both lawyers will submit detailed written arguments to the judge well in advance of oral arguments on Sept. 25.

Contact: [email protected]

Calgary Herald
KanMan Reviewed by KanMan on . Pot crusader bids for stay of charges Grant testified the first day, Donna and another person testified today. Judge wants written submissions from the lawyers (defense and prosecutor). Next court date will be September 25 / 2006 in Provincial court room 105. The court has been asked to stay the two trafficking charges Calgary Hearld reporter was there both days.... Rating: 5